Category: PETER BAKER

⚖️ THE GIBSON REPORT — 08-01-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney — NIJC — Unpublished 2d Cir. Indigenous Woman Asylum Remand Is A “Dive” Into Why EOIR Is A Dangerous & Unacceptable Drag On Our Justice System! ☠️

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

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Weekly Briefing

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.    

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

PRACTICE UPDATES

USCIS Extends COVID-19-related Flexibilities

USCIS: This extends certain COVID-19-related flexibilities through Oct. 23, 2022, to assist applicants, petitioners, and requestors. The reproduced signature flexibility announced in March, 2020, will become permanent policy on July 25, 2022. But DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents.

OPLA Updates Its Prosecutorial Discretion Website

Parolees Can Now File Form I-765 Online

NEWS

DHS Fails to File Paperwork Leading to Large Numbers of Dismissals

TRAC: One out of every six new cases DHS initiates in Immigration Court are now being dismissed because CBP officials are not filing the actual “Notice to Appear” (NTA) with the Court. The latest case-by-case Court records obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University through a series of Freedom of Information (FOIA) requests show a dramatic increase in these cases.

Fewer Immigrants Face Deportation Based on Criminal-Related Charges in Immigration Court

TRAC:  Over the past decade, the number of criminal-related charges listed on Notices to Appear as the basis for deportation has declined dramatically. In 2010, across all Notices to Appear (NTAs) received by the immigration courts that year, ICE listed a total of 57,199 criminal-related grounds for deportation. See also ICE Currently Holds 22,886 Immigrants in Detention, Alternatives to Detention Growth Increases to nearly 300,000.

It Will Now Be Harder For Unaccompanied Immigrant Children To Languish In Government Custody

Buzzfeed: The US reached a settlement Thursday that establishes fingerprinting deadlines for parents and sponsors trying to get unaccompanied immigrant children out of government custody. Under the settlement, which expires in two years, the government has seven days to schedule fingerprinting appointments and 10 days to finish processing them.

ICE is developing new ID card for migrants amid growing arrivals at the border

CNN: The Biden administration is developing a new identification card for migrants to serve as a one-stop shop to access immigration files and, eventually, be accepted by the Transportation Security Administration for travel, according to two Homeland Security officials.

Republican states’ lawsuits derail Biden’s major immigration policy changes

CBS: Officials in Arizona, Missouri, Texas and other GOP-controlled states have convinced federal judges, all but one of whom was appointed by former President Donald Trump, to block or set aside seven major immigration policies enacted or supported by Mr. Biden over the past year.

Climate migration growing but not fully recognized by world

AP: Over the next 30 years, 143 million people are likely to be uprooted by rising seas, drought, searing temperatures and other climate catastrophes, according to the U.N.’s Intergovernmental Panel on Climate Change report published this year.

Washington mayor requests troops to aid with migrant arrivals from Texas and Arizona

Reuters: Washington Mayor Muriel Bowser has requested the deployment of military troops to assist with migrants arriving on buses sent by the Texas and Arizona state governments, according to letters sent by her office to U.S. military and White House officials. See also Migrants Being Sent to NYC From Texas — to the Wrong Places, With No Help, Sources Say.

Immigrant Arrest Targets Left to Officers With Biden Memo Nixed

Bloomberg: Former enforcement officials think most officers will take a measured approach, but some concede the absence of a central policy will cause problems. See also ICE Has Resumed Deporting Unsuspecting Immigrants at Routine Check-Ins.

ICE Suddenly Transfers Dozens of Immigrants Detained in Orange County

Documented: Advocates estimate that ICE moved dozens of individuals at the Orange County Jail in New York on Monday, and sent them to detention centers in Mississippi and elsewhere in New York, without prior notification to families or attorneys about the transfers.

Mexico deports 126 Venezuelan migrants

Reuters: An estimated 6 million Venezuelans have fled economic collapse and insecurity in their home country in recent years, according to United Nations figures. Many have settled in other South American countries but some have traveled north.

LITIGATION & AGENCY UPDATES

Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022)

BIA: The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2018), because § 922(d) is categorically overbroad and indivisible relative to the definition of a firearms offense.

CA2 Panel Says BIA Had No Basis Denying Guatemalans’ Asylum

Law360: The Second Circuit ordered the Board of Immigration Appeals to revisit an indigenous Guatemalan mother and son’s bids for asylum and deportation relief, saying the agency failed to provide a sufficient premise for affirming an immigration judge’s denial of relief.

CA9, En Banc: First Amendment Trumps INA Sec. 274(a)(1)(A)(vi): U.S. v. Hansen (Alien Smuggling)

LexisNexis: An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the non-recused active judges in favor of en banc consideration.

9th Circ. Says Ignorance Of Law Doesn’t Toll Asylum Deadline

Law360: Not knowing the law isn’t enough to excuse a Guatemalan union worker from missing the deadline to apply for asylum by three years, the Ninth Circuit said when it refused to overturn an immigration panel’s decision that the man’s circumstances weren’t “extraordinary.”

9th Circ. Hands Mexican Woman’s Asylum Bid Back To BIA

Law360: A panel of Ninth Circuit judges granted a petition to review an order rejecting a Mexican woman’s asylum bid Wednesday, saying in an unpublished opinion that the agency was wrong to determine that inconsistencies or omissions in her testimony undercut her credibility as a witness.

DC Circ. Won’t Impose Deadline For Afghan, Iraqi Visas

Law360: The D.C. Circuit has rejected requests from Afghan and Iraqi translators to alter a lower court’s order that granted the federal government an indefinite deadline extension to draft a plan for faster green card processing, ruling that reversing the order wasn’t necessary.

Advance Copy: DHS Notice of Extension and Redesignation of Syria for TPS

AILA: Advance Copy: DHS notice extending the designation of Syria for TPS for 18 months, from 10/1/22 through 3/31/24, and redesignating Syria for TPS for 18 months, effective 10/1/22 through 3/31/24. The notice will be published in the Federal Register on 8/1/22.

USCIS Provides Information on Form I-589 Intake and Processing Delays

AILA: USCIS is experiencing delays in issuing receipts for Form I-589. For purposes of the asylum one-year filing deadline, affirmative asylum interview scheduling priorities, and EAD eligibility, the filing date will still be the date USCIS received the I-589 and not the date it was processed.

Information on Form I-589 Intake and Processing Delays

USCIS: USCIS is currently experiencing delays in issuing receipts for Form I-589, Application for Asylum and for Withholding of Removal. Due to these delays, you may not receive a receipt notice in a timely manner after you properly file your Form I-589.

RESOURCES

EVENTS

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Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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RE: Elizabeth’s “Item #2” under “Litigation” — EOIR, & Garland’s Inexplicable Failure To Fix It, Is What’s Wrong With American Justice!

More than five years ago, an indigenous woman from Guatemala and her disabled son filed “slam dunk” asylum claims. Undoubtedly, “indigenous women in Guatemala” are a “particular social group” — being immutable, particularized, and clearly socially visible within Guatemalan society and beyond. See, e.g., https://www.govinfo.gov/content/pkg/USCOURTS-ca6-18-03500/pdf/USCOURTS-ca6-18-03500-0.pdf; https://indianlaw.org/swsn/violations-indigenous-women’s-rights-brazil-guatemala-and-united-states.

The foregoing sources also clearly illustrate that, with or without past persecution, such indigenous women would have a “reasonable fear” of persecution on account of their status under the generous standards for asylum adjudication articulated by the Supremes more than three decades ago in Cardoza-Fonseca and, shortly thereafter, reaffirmed and supposedly implemented by the BIA in Matter of Mogharrabi (a fear can be “objectively reasonable” even if persecution is significant unlikely to occur). Problem is: Both of these binding precedents favoring many, many more asylum grants are widely ignored by policy makers, USCIS, EOIR, and some Article III Courts — with no meaningful consequences!

Additionally, the respondents appear to have had grantable “racial persecution” claims based on indigenous ethnicity. The son, in addition to being a “derivative” on his mother’s application, also had an apparently grantable case based on disability.

In a functioning system, this case would have been quickly granted, the respondents would be integrating into and contributing to our nation with green cards, and they would be well on their way to U.S. citizenship. Indeed, there would be instructive BIA precedents that would prevent DHS from re-litigating what are essentially frivolous oppositions! 

But, instead, after more than five years and proceedings at three levels of our justice system, the case remains unresolved. Because of egregious, unforced EOIR errors it is still “bouncing around” the 1.8+ million EOIR backlog, following this remand from the Second Circuit. 

Exceptionally poor BIA legal performance, enabling and supporting a debilitating “anti-immigrant/anti-asylum/racially derogatory culture of denial” at EOIR, has led to far, far too many improper asylum denials at the Immigration Judge level and to a dysfunctional system that just keeps on building backlog and producing grotesquely inconsistent, “Refugee Roulette” results! Go to TRAC Immigration and check out the shocking number of sitting IJs with absurd 90% or more “asylum denial rates.” 

It also fuels the continuing GOP nativist blather that denies the truth about what is happening at our Southern Border. We are wrongfully denying legal protection and status to many, many qualified refugees — often without any process at all (let alone due process) and with a deeply flawed, biased, and fatally defective process for those who are able to “get into the system.” (Itself, an arbitrary and capricious decision made by lower level enforcement agents rather than experts in asylum adjudication).

The “unpublished” nature of this particular Second Circuit decision might lead one to conclude that the Article IIIs have lost interest in solving the problem, preferring to sweep it under the carpet as this pathetic attempt at a “below the radar screen” unpublished remand does. But, such timid “head in the sand” actions will not restore fairness and order to a system that now conspicuously lacks both! This dangerous, defective, unfair, and unprofessional abuse of our justice system needs to be “publicly called out!”

You can read the full Second Circuit unpublished remand here. https://www.ca2.uscourts.gov/decisions/isysquery/2a5d8920-2ab9-4544-9be6-882ac830fdeb/11/doc/20-212_so.pdf

And, lest you believe this is an “aberration,” here’s yet another “unpublished” example of the BIA’s shoddy and unprofessional work on life or death cases, forwarded to me by “Sir Jeffrey” Chase yesterday! https://www.ca2.uscourts.gov/decisions/isysquery/94e3eaee-b8da-446a-908a-a2f3b5b13ee7/1/doc/20-1319_so.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/94e3eaee-b8da-446a-908a-a2f3b5b13ee7/1/hilite/

“The agency failed to evaluate any of the country conditions evidence relevant to Oliva-Oliva’s CAT claim.” So how is this acceptable professional performance by the BIA? And why is it being “swept under the carpet” by the Second Circuit rather than “trumpeted” as part of a demand that Garland fix his dysfunctional due-process-denying system, NOW? 

Contrary to all the fictional “open borders nonsense” being pushed by the nativist right, the key to restoring order at the borders is generous, timely, efficient, professional granting of refuge to those who qualify, either by the Asylum Office or the Refugee Program. This, in turn, absolutely requires supervision, guidance, and review where necessary by an “different” EOIR functioning as a true “expert tribunal.” 

That would finally tell us who belongs in the legal protection system and who doesn’t while screening and providing accurate profiles of both groups. The latter essential data is totally lacking under the absurdist, racially motivated, “rejection not protection” program of Trump, much of which has been retained by Biden or forced upon him by unqualified righty Federal Judges. But, we’ll never get there without meaningful, progressive, due-process focused EOIR reform!

There will be no justice at the Southern Border or in America as a whole without radical, long overdue, due process reforms at EOIR!

🇺🇸 Due Process Forever!

PWS

08-03-22

Related posts:

  1. ⚖️🧑🏽‍⚖️JUDICIAL REVIEW — C.A. 2 — Brace Of Bad BIA Bobbles On Basics Brings “Culture Of Denial” Into Focus — Justice Will Continue To Be Illusive @ EOIR 👎🏽 Until Garland Steps Up & Replaces His Fatally Flawed BIA With Real Judges Who Are Progressive Practical Scholars In Immigration, Due Process, Human Rights, With A Firm Commitment To Bringing Racial & Gender Equity To Now-Disgraced Immigration Courts!🤮
  2. 🏴‍☠️BIA’S MISOGYNISTIC, ANTI-ASYLUM, IGNORE THE EXPERTS & THE EVIDENCE APPROACH 🤮 REBUKED AGAIN — 9th Cir. Slams BIA Big Time In Rodriguez Tornes v. Garland! — “Concurring, Judge Paez wrote that in addition to ignoring evidence that Rodriguez was targeted on account of her feminist political opinion, the Board also ignored extensive record evidence from a leading authority on domestic violence that directly rejected the Board’s premise that domestic violence is presumed to be motivated by nothing more than the private dynamics of a ‘personal relationship.’”
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. ‘SIR JEFFREY” CHASE: Garland’s “First Steps” To Eradicate Misogyny & Anti-Asylum Bias @ EOIR Are Totally Insufficient Without Progressive Personnel Changes — Regulations Will Only Be Effective If Drafted By Progressive Human Rights Experts Of Which There Currently Are NONE @ DOJ Save For Some Immigration Judges In The Field Whose Expertise, Intellectual Integrity, & Moral Courage Has Been Ignored By Team Garland! — There Will Be No Gender, Racial, Or Immigrant Justice @ Justice As Long As Garland Mindlessly Lets “Miller’s Club Denial” Operate @ BIA! — Progressives Must Turn Up The Heat On Garland To Reform & Remake EOIR With Qualified Expert Judges & Dynamic, Independent, Progressive Leaders!

🗽OVER 100 CIVIL & HUMAN RIGHTS NGOS PROTEST BIDEN ADMINISTRATION’S FAILURE TO RESTORE RULE OF LAW FOR REFUGEES @ BORDER! — Continued Use Of Title 42 To Suspend Asylum Blasted By Experts: “The administration’s recent actions highlighted above are in direct contravention of the goal to repair the broken immigration system you inherited.”

Biden Muddled Liberty MessageBiden Muddled Liberty Message

Biden Border Message
“Border Message”
By Steve Sack
Reproduced under license

Here is the letter:

Joint-Letter-to-President-Biden-on-Expulsion-Flights-to-Southern-Mexico-and-Forthcoming-Changes-to-Asylum-Processing_8132021

 

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  • Confirms and amplifies they absurdity and wrongness of US District Judge Kacsmaryk’s recent decision to “restore” the unlawful, cruel, inhumane, and unnecessary MPP (“Let ‘Em Die In Mexico”) https://immigrationcourtside.com/2021/08/14/%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8falternate-universe-where-human-rights-human-dignity-due-process-dont-matter-trumpist-usdj-shafts-asylum-seekers-of-color-by-reinstating/;
  • As the human rights situations in Afghanistan, Haiti, and the Northern Triangle continue to unravel, the lack of a coherent, operational, legally sound, properly generous refugee and asylum program will continue to haunt the Administration;
  • In particular, the disgraceful failure to establish a strong, consistent, humane, and protection-oriented interpretation of gender-based asylum to protect women, who are disproportionately targeted for persecution, torture, and other violence, will cost lives of the most vulnerable and be a lasting stain on our nation. (I just listened to Peter Baker, NBC WH Correspondent, on Meet the Press, characterize Afghanistan under the Taliban as a “nation of spouse beaters!”)

The need to fix our our refugee and asylum systems immediately was obvious on January 20, 2021. Why, after 7 months it still is nowhere close to being accomplished is less obvious!

The turmoil in Afghanistan and Haiti and the ongoing human rights disasters in Latin America, all reasonably predictable, are going to increase the human and political problems flowing from a failure to take human rights seriously and to bring the practical human rights experts necessary to solve these issues constructively into the Government power structure! In the end, human rights are everyone’s rights! We ignore that at our peril!

Ironically, while protecting women from persecution and improving their lives was used as a justification by Administrations of both parties for our continuing military presence in Afghanistan, now, as the “end game” plays out in real time, it appears to have been largely reduced to a “talking point” (or a “news feature”) without any discernible plan for protecting or saving Afghan female refugees. Sadly politicos and officials from both parties seem more interested in using women’s lives as “cover” for two decades of ultimately futile presence there than with actually saving any lives now. Indeed, if we treat Afghan women refugees with the inhumane indifference we have continued to heap on female refugees seeking legal asylum at our Southern Border, their outlook is beyond grim. 

🇺🇸Due Process Forever!

PWS

08-15-21

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. ☠️⚰️🏴‍☠️🤮OUTRAGE GROWS IN HUMAN RIGHTS COMMUNITY OVER TRUMPIST RIGHT-WING EXTREMIST JUDGE’S ASSAULT ON TRUTH, HUMANITY, & THE RULE OF LAW —“Jesus said, ‘whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ Judge Kacsmaryk’s decision is contrary to man’s law and God’s law and must be overturned.”
  3. ⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!
  4. ☠️⚰️ALTERNATE UNIVERSE WHERE HUMAN RIGHTS, HUMAN DIGNITY, & DUE PROCESS DON’T MATTER —Trumpist USDJ Shafts Asylum Seekers Of Color By Reinstating “Let ‘Em Die In Mexico” (a/k/a MPP) Directed Against Asylum Seekers Of Color!

NOT GONZO ENOUGH: AG Jeff Sessions Has Faithfully Advanced The White House’s White Nationalist Agenda At The DOJ — But The Donald Also Wanted Someone Who Would “Throw” The Russia Investigation — Expects “Cabinet Of Toadies”

In a far ranging interview with the NY Times that some would call “unhinged,” President Trump trashed Jeff Sessions, Rod Rosenstein (he’s from Baltimore, home of Democrats), James Comey, and Robert Mueller for showing any modicum of ethics and independence.

Here’s the entire article by Times reporters  PETER BAKER, MICHAEL S. SCHMIDT and PETER BAKER, MICHAEL S. SCHMIDT and MAGGIE HABERMAN::

https://www.nytimes.com/2017/07/19/us/politics/trump-interview-sessions-russia.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0

Here are some key excerpts:

“WASHINGTON — President Trump said on Wednesday that he never would have appointed Attorney General Jeff Sessions had he known Mr. Sessions would recuse himself from overseeing the Russia investigation that has dogged his presidency, calling the decision “very unfair to the president.”

In a remarkable public break with one of his earliest political supporters, Mr. Trump complained that Mr. Sessions’s decision ultimately led to the appointment of a special counsel that should not have happened. “Sessions should have never recused himself, and if he was going to recuse himself, he should have told me before he took the job and I would have picked somebody else,” Mr. Trump said.

In a wide-ranging interview with The New York Times, the president also accused James B. Comey, the F.B.I. director he fired in May, of trying to leverage a dossier of compromising material to keep his job. Mr. Trump criticized both the acting F.B.I. director who has been filling in since Mr. Comey’s dismissal and the deputy attorney general who recommended it. And he took on Robert S. Mueller III, the special counsel now leading the investigation into Russian meddling in last year’s election.

Mr. Trump said Mr. Mueller was running an office rife with conflicts of interest and warned investigators against delving into matters too far afield from Russia. Mr. Trump never said he would order the Justice Department to fire Mr. Mueller, nor would he outline circumstances under which he might do so. But he left open the possibility as he expressed deep grievance over an investigation that has taken a political toll in the six months since he took office.

. . . .

But Mr. Trump left little doubt during the interview that the Russia investigation remained a sore point. His pique at Mr. Sessions, in particular, seemed fresh even months after the attorney general’s recusal. Mr. Sessions was the first senator to endorse Mr. Trump’s candidacy and was rewarded with a key cabinet slot, but has been more distant from the president lately.

“Jeff Sessions takes the job, gets into the job, recuses himself, which frankly I think is very unfair to the president,” he added. “How do you take a job and then recuse yourself? If he would have recused himself before the job, I would have said, ‘Thanks, Jeff, but I’m not going to take you.’ It’s extremely unfair — and that’s a mild word — to the president.”

Mr. Trump also faulted Mr. Sessions for his testimony during Senate confirmation hearings when Mr. Sessions said he had not had “communications with the Russians” even though he had met at least twice with Ambassador Sergey I. Kislyak. “Jeff Sessions gave some bad answers,” the president said. “He gave some answers that were simple questions and should have been simple answers, but they weren’t.”

A spokesman for Mr. Sessions declined to comment on Wednesday.

The president added a new allegation against Mr. Comey, whose dismissal has become a central issue for critics who said it amounted to an attempt to obstruct the investigation into Russian meddling in the election and any possible collusion with Mr. Trump’s team.

. . . .

Mr. Trump rebutted Mr. Comey’s claim that in a one-on-one meeting in the Oval Office on Feb. 14, the president asked him to end the investigation into his former national security adviser, Michael T. Flynn. Mr. Comey testified before Congress that Mr. Trump kicked the vice president, attorney general and several other senior administration officials out of the room before having the discussion with Mr. Comey.

“I don’t remember even talking to him about any of this stuff,” Mr. Trump said. “He said I asked people to go. Look, you look at his testimony. His testimony is loaded up with lies, O.K.?”

He expressed no second thoughts about firing Mr. Comey, saying, “I did a great thing for the American people.”

Mr. Trump was also critical of Mr. Mueller, a former F.B.I. director, reprising some of his past complaints that lawyers in his office contributed money to Mrs. Clinton’s campaign. He noted that he actually interviewed Mr. Mueller to replace Mr. Comey just before his appointment as special counsel.

“He was up here and he wanted the job,” Mr. Trump said. After he was named special counsel, “I said, ‘What the hell is this all about?’ Talk about conflicts. But he was interviewing for the job. There were many other conflicts that I haven’t said, but I will at some point.”

The president also expressed discontent with Deputy Attorney General Rod J. Rosenstein, a former federal prosecutor from Baltimore. When Mr. Sessions recused himself, the president said he was irritated to learn where his deputy was from. “There are very few Republicans in Baltimore, if any,” he said of the predominantly Democratic city.

He complained that Mr. Rosenstein had in effect been on both sides when it came to Mr. Comey. The deputy attorney general recommended Mr. Comey be fired but then appointed Mr. Mueller, who may be investigating whether the dismissal was an obstruction of justice. “Well, that’s a conflict of interest,” Mr. Trump said. “Do you know how many conflicts of interests there are?”

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I guess reversing Obama-era civil rights, voting rights, transgender rights protections, switching sides in several lawsuits to oppose plaintiffs seeking to vindicate Constitutional rights, turning local police loose on minorities, trashing forensic science, firing U.S. Attorneys, going to war with states and localities over immigration enforcement, re-instituting the use of private prisons operated by those with political ties, rearranging U.S. Immigration Court Dockets to support more or less random DHS enforcement priorities, defending some over the top positions on immigration in court, seizing property from non-criminals, and hastily coming up with some contrived reasons for firing James Comey after Trump had already decided to do so aren’t enough to stay in favor with the Boss.

It’s not that one would have to be a “rocket scientist” to figure out that Sessions, a member of the campaign team, would ethically have to recuse himself from an investigation into the activities of the campaign team. And, if anyone at DOJ beyond Mueller and the now departed Comey have shown any bit of independence from the White House, it certainly hasn’t been obvious to the public. Indeed the DOJ appears to be in lockstep with the Administration’s most extreme and Constitutionally questionable plans. But, I guess “complete toadyism” requires going “an extra mile.”

The latest from the NY Times is that Sessions says he’s going to stay, at least for now.

PWS

07-20-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. BILL BARR – Unqualified For Office – Unfit To Act In A Quasi-Judicial Capacity
  3. GONZO’S WORLD: “MINISTRY OF INJUSTICE” — How Gonzo Is Successfully Draining Justice From The Department Of Justice
  4. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

NYT: Trump, Sessions Split Brewing? — Apparently The Donald Expected AG To Be Complete Toady — Unpleasantly Suprised With Independence!

https://www.nytimes.com/2017/06/05/us/politics/trump-discontent-attorney-general-jeff-sessions.html?emc=edit_nn_20170606&nl=morning-briefing&nlid=79213886&te=1&_r=0

Peter Baker & Maggie Haberman report:
“WASHINGTON — Few Republicans were quicker to embrace President Trump’s campaign last year than Jeff Sessions, and his reward was one of the most prestigious jobs in America. But more than four months into his presidency, Mr. Trump has grown sour on Mr. Sessions, now his attorney general, blaming him for various troubles that have plagued the White House.

The discontent was on display on Monday in a series of stark early-morning postings on Twitter in which the president faulted his own Justice Department for its defense of his travel ban on visitors from certain predominantly Muslim countries. Mr. Trump accused Mr. Sessions’s department of devising a “politically correct” version of the ban — as if the president had nothing to do with it.

In private, the president’s exasperation has been even sharper. He has intermittently fumed for months over Mr. Sessions’s decision to recuse himself from the investigation into Russian meddling in last year’s election, according to people close to Mr. Trump who insisted on anonymity to describe internal conversations. In Mr. Trump’s view, they said, it was that recusal that eventually led to the appointment of a special counsel who took over the investigation.

Behind-the-scenes frustration would not be unprecedented in the Oval Office. Other presidents have become estranged from the Justice Department over time, notably President Bill Clinton, who bristled at Attorney General Janet Reno’s decisions to authorize investigations into him and his administration, among other things. But Mr. Trump’s tweets on Monday made his feelings evident for all to see and raised questions about how he is managing his own administration.

“They wholly undercut the idea that there is some rational process behind the president’s decisions,” said Walter E. Dellinger, who served as acting solicitor general under Mr. Clinton. “I believe it is unprecedented for a president to publicly chastise his own Justice Department.”

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Read the complete article at the link.

I certainly never would have accused Trump of rationality.

It seems it doesn’t take much to go from hero to goat with Trump — another sign of an unbalanced mind at the helm of our country. I’ve been a frequent critic of Jeff Sessions for his anti-immigrant views, white nationalist associations, and totally “gonzo” views and actions on civil rights and immigration enforcement. But, it sounds like he has been trying to do the right thing in this situation and offering the President some wise counsel.  I guess there is no surer way of getting on Trump’s “hit list” than to act with some rationality and integrity.

It’s still a problem if Sessions isn’t able to control Trump’s public behavior in litigation. The head of a law firm can’t stand by and let a client, even the big one, publicly abuse and undermine his or her partners and associates.

In private practice, you sometimes have to “fire” an unruly client. In Government, you can’t fire the President, but you can “take a walk” and let folks know why you are doing it. Ultimately, Sessions (and Rosenstein, and probably Associate AG Rachel Brand) might have to decide whether to be loyal to the President or to the Department of Justice and the integrity of our justice system.

Shouldn’t really be much of a dilemma. After all, no politico expects to serve indefinitely, and each member of this trio should be readily employable in the private sector.

PWS

06-06-17

 

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Shocker — Is Trump’s Immigration Policy About To Take a More Pragmatic Turn? — Proposal For Reform Legislation Allowing Many To Stay In The Offing?

https://www.nytimes.com/2017/02/28/us/politics/trump-address-congress.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=a-lede-package-region&region=top-news&WT.nav=top-news

JULIE HIRSCHFELD DAVIS, MICHAEL D. SHEAR and PETER BAKER report in the NY Times:

“WASHINGTON — President Trump, signaling a potential major shift in policy, told news anchors on Tuesday that he is open to a broad immigration overhaul that would grant legal status to millions of undocumented immigrants who have not committed serious crimes.

“The time is right for an immigration bill as long as there is compromise on both sides,” the president told the TV anchors at the White House, according to people present during the discussion. The people requested anonymity because they were not authorized to speak about the private meeting.

The idea is a sharp break from the broad crackdown on undocumented immigrants that Mr. Trump has taken in his first weeks in office and the hardline positions embraced by his core supporters that helped sweep him into the White House. The president hinted at the reversal just hours before he was to deliver his first address to Congress, although it was not clear whether he would mention it in his speech.
A move toward a comprehensive immigration overhaul would be a dramatic turnaround for the president, whose campaign rallies rang with shouts of “build the wall!” on the Mexican border and who signed an executive order last month directing the deportation of any undocumented immigrant who has committed a crime — whether or not they have been charged — or falsified any document. The standard could apply to virtually any one of the estimated 11 million people in the country illegally.”

********************************

This report was published before the President’s speech to Congress tonight. We might, or might not, get more details in the speech.

Reaching a compromise on immigration would be “smart governing” by the Administration. It would push most of the responsibility for formulating sound immigration policy back where it belongs — Congress.  Additionally, reform that allows those undocumented individuals with good records to remain in the United States could potentially clear much of the backlog of the overwhelmed U.S. Immigration Courts, thereby clearing the way for the Administration to work on its “criminal priorities” and for the Immigration Courts to concentrate on providing full due process to those placed in the removal process.

PWS

02/28/17

**************************************

Update from the Washington Post:

“He also pressed his policies on immigration, including his controversial proposal to build a wall along the U.S.-Mexico border.

“We want all Americans to succeed —- but that can’t happen in an environment of lawless chaos. We must restore integrity and the rule of law at our borders,” said Trump. “For that reason, we will soon begin the construction of a great wall along our southern border. It will be started ahead of schedule and, when finished, it will be a very effective weapon against drugs and crime.”

Trump challenged members of Congress who disagree with him: “I would ask you this question: what would you say to the American family that loses their jobs, their income, or a loved one, because America refused to uphold its laws and defend its borders?”

He did call for Republicans and Democrats to work toward reforming the immigration system into a merit-based program focused on the “well-being of American citizens.”

Trump argued that the country’s current focus on low-skilled immigration hurts American workers and strains the country’s finances.

The comments come hours after Trump said in a meeting with journalists that he would support comprehensive immigration reform efforts with a pathway to legalization for law abiding immigrants.
At his remarks before Congress, Trump did not specify the parameters of a compromise he would be willing to accept. But he outlined a preference for a system that favors immigrants who are able to support themselves financially.

“I believe that real and positive immigration reform is possible, as long as we focus on the following goals: to improve jobs and wages for Americans, to strengthen our nation’s security, and to restore respect for our laws,” Trump said.”

Here’s the complete Post article:

https://www.washingtonpost.com/powerpost/trump-prepares-to-address-a-divided-audience-the-republican-congress/2017/02/28/183138ce-fced-11e6-8ebe-6e0dbe4f2bca_story.html?hpid=hp_rhp-top-table-main_trumpcongress-desktop%3Ahomepage%2Fstory&utm_term=.cfbf50575bef

PWS

02/28/17

 

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